Act against noise, don't wait for complaints, HC tells cops

PANAJI: The high court of Bombay at Goa on Wednesday called into question the seriousness of police authorities in tackling the menace of noise pollution, and directed the director general of police (DGP) to ensure that the police act against violations without waiting for a written complaint.
"Police authorities are under the firm impression that they are not obliged to act against clubs which are involved in violations of noise rules unless there is a written complaint," stated the bench comprising justices Mahesh Sonak and Valmiki Menezes. "This means that even if the beat staff or the staff of the police station hear the loud music, they think it is not their duty to take any action. It is for the DGP to disabuse the police officials in these police stations of this incorrect impression."
Referring to recordings produced by advocate Carlos Alvares Ferreira, who appeared for the petitioner, the division bench suggested that Ferreira show these recordings to the DGP.
‘Police appear unwilling to act’
If the DGP is indeed serious about the statements made by him in the affidavit before us that all steps would be taken to ensure that this menace of noise pollution beyond 10pm is curbed, then, possibly, this is one occasion to make good this statement,” the court stated. “It is for the DGP to consider whether the usual excuses about denials or some lip service by the police officer should be accepted or not.”
Ferreira later submitted the recordings to the DGP.
In court, the judges tore into the state government’s defence, stating that despite orders directing the DGP to monitor the position, “we think that at least prima facie, music continues to be played beyond the prescribed decibel levels beyond 10pm in outdoor premises. In any case, the police seem to be most reluctant in taking up this issue seriously or controlling the noise pollution violations”. The bench said that the recordings produ-ced by Ferreira prima facie do not support the police version that music concludes by 10pm in outdoor venues.
“As noted by us in our earlier orders, the police deny such incidents in the first place and, when such incidents are undeniable, come up with pleas that music was being played indoors or that music actually terminated by 10pm,” the order stated, with the bench ruing the fact that police are bent upon not taking action against “violators of the noise pollution rules framed by the government itself ”.